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2015 -2016 General Assembly Committee: Date: September 28, 2015 Introduced by: Rep. McElraft Prepared by: Karen Cochrane - Analysis of: Conference Report Brown, Erika Churchill, H765- PCCS40526 -SBf -6 Jeff Hudson, Jennifer McGinnis, Chris Saunders, Staff Attorneys Jennifer Mundt Legislative Analyst SUMMARY.- House Bill 765 would amend a number of State laws related to business regulation, State and local government regulation, and environmental regulation. PART I. ADMINISTRATIVE REFORMS REPEAL OBSOLETE STATUTES Section I.I. would repeal obsolete provisions in the criminal law related to using profane or indecent language on public highways and refusing to relinquish a party telephone line in an emergency. BURDEN OF PROOF IN CERTAIN CONTESTED CASES Section 1.2. would clarify that the petitioner has the burden of proof in most contested cases and establishes that the State agency has the burden of proof in certain contested cases, including cases involving the imposition of civil fines or penalties and cases involving the demotion, suspension or discharge of a career State employee. The Joint Legislative Administrative Procedure Oversight Committee is directed to study whether there are other categories of cases in which the burden should be placed with the agency. This section would become effective when it becomes law and would apply to contested cases commenced on or after that date. LEGISLATIVE APPOINTMENTS Section 1.3. would amend the law governing legislative appointments to boards and commissions, whether by the General Assembly through the appointments bill or directly by the Speaker and the President Pro Tempore, to apply the following rules if the law requires a recommendation or nomination by a third party for the appointment: For consultations or recommendations of a third party: • The consultation or recommendation is discretionary and not binding. • The third party must submit the consultation or recommendation at least 60 days before expiration of the term or within 10 days of a vacancy. • Failure to submit the consultation recommendation within the time period is deemed a waiver of the opportunity. 0. ''«` III III�IWIIIW�NI�VNI�I1VII�VIIIIIfl11YIIIIIVI °uu This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.